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Poster: guyzilla Date: Jul 16, 2011 8:41pm
Forum: feature_films Subject: Re: Help/advise about using film trailers

As far as I know, the ones on this site are pd so you can use them any way you want.

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Poster: larus Date: Jul 18, 2011 12:45am
Forum: feature_films Subject: Re: Help/advise about using film trailers

As far as I know, the ones on this site are pd so you can use them any way you want.

I would add the qualifier that they are PD under US law as the archive is based in the US. Foreign items that are PD in the US because of a lack of compliance with US copyright regulations may still be under copyright in their country of origin. Were the US trailers produced by US-based distributors or by UK-based entities?
Another issue is whether the trailers can be considered as derivatives of the original films, in which case anything created using pieces of the trailers would end up being subject to the copyright of the original films.

As a disclaimer, I am not a lawyer and am just throwing ideas out there. I hope somebody with a good grasp on the issue will comment on this topic.

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Poster: guyzilla Date: Jul 18, 2011 6:01pm
Forum: feature_films Subject: Re: Help/advise about using film trailers

Good points. As far as what you said about country of origin, that's where I think GATT would come into play. I think I remember someone saying in an earlier post a couple of years ago that MOST trailers were ok to post because because they are essentially advertisements and posting them was just giving the film free advertising. Seeing trailers to some old films have prompted me to search for certain films to add to my collection in the past. But yes, I would like to hear from someone in the know to clarify the rules for me, most definitely.

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Poster: ColonelBlimp Date: Jul 21, 2011 3:54am
Forum: feature_films Subject: Re: Help/advise about using film trailers

Thanks guyzilla,
That's a very good point you make, uploading a trailer is free advertising for the film companies, So there is little reason for them to complain (hopefully you won't need to take any of yours down then!). Although they are probably not so keen if they are used for footage in something else, even if it obvious the clips come from trailers. You mentioned about Gatt, I looked at another thread here and it it states that British films made in the late 50's onwards might have a flat copyright of 50 years, so that could be something to take into account. Yes, it would be helpful if others could share their thoughts on this brain teasing subject!

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Poster: ColonelBlimp Date: Jul 17, 2011 2:59pm
Forum: feature_films Subject: Re: Help/advise about using film trailers

Thank you guyzilla for your reply and help. So it shouldn't matter that it was orginally a British film, as a trailer released in America it is PD in the UK. Can I please also ask you something else? With the later made trailers, say the 1970's ones, does it not matter if they have a copyright notice in them, as I have read here that after the mid sixties anything that has a copyright notice is copyrighted, so I'm a bit confused. It would be great to use some clips from them too. Thanks in advance.

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Poster: guyzilla Date: Jul 17, 2011 5:27pm
Forum: feature_films Subject: Re: Help/advise about using film trailers

I would imagine any clip, be it a trailer ,a full length film, or anything in between would be copyrighted if it has a valid notice. But trailers might have a different set of rules governing that area. I upload a lot of trailers from time to time, but I tend to keep them for films 1980 or before. I have found on occasion when checking with USCO that there are some trailers with registered copyrights, not many, as I've only run across two or three. I'm not sure, but the question you bring up is a good one, and I may have to go through my own uploads at some point to see if I should take any down. Moongleam or Video cellar could probably answer your question better than I can, and I hope one or both of them ring in on this because now I'm curious.